In other words, while the "in connection with" language is broad enough to encompass Huddleston's misclassification claims and bring them under the umbrella of the forum-selection clause, the ICOA provides that Oklahoma law applies only to interpretation of the ICOA itself. Co., 417 F.3d at 357. John Christner founded JCT in 1986 with only 2 trucks. Have you been screwed by John Christner Trucking yet? The general venue statute does not authorize venue in a single district in which the most substantial part of the events or omissions giving rise to the claim occurred. John Christner Trucking serves customers in the United States and is headquartered in Sapulpa, Oklahoma. Served on 03/24/2021. at 297. Any and all claims, demands, causes of action, charges, and grievances, of whatever kind or nature, whether known or unknown, suspected or unsuspected, which Plaintiff and the Class Members now own or hold or have at any time before the Effective Date owned or held against Defendant or any of the Released Parties and which arose out of, are in any way connected to, or that were made or could have been made based on the facts, theories, and claims pled in Plaintiffs Class and Collective Action Complaint (Complaint). "No one factor is dispositive; a court must balance all seven." First brief on cross-appeal and appendix due 06/07/2021 for John Christner Trucking, LLC. The state of California may have an interest in the outcome of this dispute, but that interest is not so overwhelming or unusual that this should be an exception to the general rule that a valid forum-selection clause should be honored. (citing Holliday, 2010 WL 3910143, at *4). . 10 ("Opp. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Manner of Service: email. | All Rights Reserved. As it is his burden to show the public interest factors weigh in his favor, he has failed to meet his burden as to this public interest factor. A "valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases." Plaintiff and Class Participants should consult with their own tax advisors concerning the tax consequences of the Settlement based on their Individual Settlement Amount. Huddleston I, slip. If you have money saved in your account or money they owe you for loads you have delivered they will pay . 1404 And Forum-Selection Clause. The opinion in Waffle House was fairly narrow and distinguishable from the facts here. 1 : UPS Inc. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972). Proc. 2007) (citing Murphy, 362 F.3d at 1141; E.J. [21-5025] [Entered: 04/20/2021 09:24 AM], Docket[10823553] Attorney Ms. Carolyn H. Cottrell for Thomas Huddleston admitted to the bar of this court. In that role, he was responsible for operating a commercial vehicle and transporting customer cargo to assigned destinations. The settlement administrator will determine all Individual Settlement Amounts based on Defendants records of the weeks worked by Class Members. JCT Logistics Team Executive Team VP of Brokerage Operations Cory J. Manzi Direct: 918-347-2370 corymanzi@jctlogistics.com VP of Account Management Dustin Byrd Direct: 918-347-2344 dustinbyrd@jctlogistics.com LEADERSHIP TEAM East Loren Benjar Direct: 918-347-2353 LorenBenjar@jctlogistics.com Central Hilda Aviles Direct: 918-347-2372 International Shoe Co. v. Washington, 326 U.S. 310, 318 (1945). In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), the Supreme Court held that a governmental agency was not bound by an employee's arbitration agreement such that it was barred from pursuing judicial relief in an enforcement action. In a state which has more than one judicial district, corporate defendants "shall be deemed to reside in any district within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate state." The settlement administrator will total the number of settlement shares for all Class Participants; the resulting sum will be divided into the Net Settlement Amount to reach a per share dollar figure. The lawsuit also claimed that it wasnt uncommon for drivers to receive negative paychecks. Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 433 F.3d 1199 (9th Cir. Preliminary record filed. 4:17-cv-00549-GKF-CDL). Wash. 2005). 1406(a), which provides that "[t]he district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." [21-5025] [Entered: 03/15/2021 12:17 PM], [10815131] Admissions letter sent. ." Atl. Mahoney v. Depuy Orthopaedics, Inc., No. Huddleston urges that the Court "apply its decision in Ronlake and conclude that JCT's forum-selection clause is unenforceable." Can Defendant retaliate against me for participating in this Settlement? The Crowley declaration includes as an exhibit a copy of the "Independent Contractor Operating Agreement" ("ICOA") that Huddleston signed. While the contracts will likely be used as evidence to prove or disprove the statutory claims, the claims do not arise out of the contract, involve the interpretation of any contract terms, or otherwise require there to be a contract."). For Plaintiff and the FLSA Collective Members (i.e., individuals who previously completed a valid Opt-In Consent Form to join this case), the Released Claims also include any and all claims, known or unknown, under the FLSA, 29 U.S.C. Huddleston claims the trucking company misclassifies him and other leasing drivers as independent contractors rather than employees, thus violating a variety of state and federal labor laws. 2000). 71st St., Suite 200Tulsa, OK 74136Telephone: (918) 970-2000Facsimile: (918) 970-2002. Served on 03/24/2021. shall be brought exclusively in the state or federal courts serving Creek County, Oklahoma . None of the parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. . Huddleston has also presented a prima facie case under the purposeful availment test. GREGORY K. FRIZZELL, CHIEF JUDGE OPINION AND ORDER Before the court is the Motion for Judgment on the Pleadings [Doc. Id. Response date set to 04/14/2021 for Michelle S. Lim. JCT Settlement Administrator: Huddleston v. JCT Settlement Administrator P.O Box 10269 Tallahassee, FL 32302-2269 claims@ssiclaims.com (855) 458-3918. 5). [21-5025] [Entered: 03/12/2021 05:19 PM], [10814925] Entry of appearance submitted by Rachel Lawrence Mor, Michael J. Blaschke, Carolyn Hunt Cottrell, David C. Leimbach, Michelle S. Lim and Robert S. Boulter for Appellant Thomas Huddleston for court review. 2015). at *3-*4 and thus had broader reach than the choice-of-law provision in the ICOA here. Huddleston I, slip op. CollegeSource, Inc. v. AcademyOne, Inc., 653 F.3d 1066, 1080 (9th Cir. However, under certain circumstances, public policy considerations may lead to non-enforcement of an otherwise valid forum selection clause: Huddleston argues that enforcement of the forum-selection clause would operate in tandem with the choice-of-law provision to apply Oklahoma law to his claims and "result in a wholesale waiver of all state wage and hour remedies." PAGA cases "function[] as a substitute for an action brought by the government itself." 1988). 2009) (called into question on other grounds by Narayan v. EGL, Inc., 616 F.3d 895, 899, 904 (9th Cir. Transcript ordered: Motion Hearing Re: Class Certification 10/24/2019 and Scheduling Conference held 12/9/2020. John Christner Trucking Just Sold To Hirschbach Trucking 5 Min Ago Grab some Mutha Trucker Gear@ https://theasianmaishow.com/ For information . After the first two prongs of the test have been met, the defendant has the burden of showing that the Court's jurisdiction would be unreasonable. Gallo Winery v. Andina Licores S.A., 440 F. Supp. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. Id. The court granted class certification for: All current and former individuals, to the extent they performed transportation services for John Christner Trucking within California, who entered into an independent contractor operator agreement with JCT, entered into a lease agreement with either JCT or Three Diamond Leasing, and were classified as independent contractors. This is an estimate of what your fixed expenses and variable expenses may be. JCT restricts all routes accross I-90 but if driver does not say anything about added miles to avoid JCT WILL NOT Pay them same as using I-70 west of Denver in winter. [Please open the Notice for important information.] ECF No. We have the right trucks, the right freight, and the right people. TEXT ONLY ORDER: The parties having announced a settlement, they are to submit an agreed order of dismissal to the District Judge on or before 9/1/15. Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE, MEMORANDUM DECISION AND ORDER RE DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF NO. Box 10269, Tallahassee, FL, 32302-2269 and/or emailed to claims@ssiclaims.com. "[U]ncontroverted allegations must be taken as true, and conflicts between parties over statements contained in affidavits must be resolved in the plaintiff's favor." Response date set to 04/14/2021 for David C. Leimbach. Thus, Huddleston need not show that the Eastern District of California has the most substantial relationship to the dispute, Kirkpatrick v. Rays Group, 71 F. Supp. Id. Bancroft & Masters, Inc., 223 F.3d at 1088 (citing Burger King, 471 U.S. at 476). Since 1986, JCT has provided decades of quality service and has produced generations of satisfied customers. 48% of employees would recommend working at John Christner Trucking to a friend and 33% have a positive outlook for the business. Why one international organization is joining the fight. Manner of Service: email. Personal Jurisdiction. The deal makes Hirschbach one of the nation's largest refrigerated carriers, the news release says, bumping it from sixth on Transport Topics 2021 ranking to second on the list. Arising Out Of Forum-Related Activities. Opp. The Settlement provides that Class Counsel will receive attorneys fees of up to 33.33% of $9,250,000.00, and costs not to exceed $150,000.00. [21-5025] RLM [Entered: 03/25/2021 04:03 PM], [10817711] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. John Christner Trucking was facing a driver misclassification lawsuit that was granted class action status in Feburary 2020. Case information including a copy of the complaint can be found here . Murphy v. Schneider Nat'l, Inc., 362 F.3d 1133, 1140 (9th Cir. July 12, 2013). (Text Only - No Attachment). at 1125. at 581. CE [Entered: 03/24/2021 02:48 PM], [10815145] Admissions letter sent. The California resident claims he routinely. Huddleston v. John Christner Trucking is a putative class action pending in the Northern District of Oklahoma (Case No. According to the complaint, Huddleston worked as an "owner-operator" for JCT until August 2016. NEW! The classes consist of more than 3,000 truck drivers in the California Work Class and the Oklahoma class. at 294. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011). Still others have found that they are neither tort nor contract claims. The deal will form one of the biggest temperature-controlled fleets in the nation at more than 3,000 trucks (800 at JCT), 5,000 trailers and total revenue exceeding $1 billion. . 20-610 | 2020-11-09, U.S. District Courts | Contract | The Court held that an arbitration agreement to which the EEOC was not a party could not limit the remedies otherwise granted to the EEOC by statute, which not only had the authority to pursue independent actions in court for Title VII violations but, in the context of the suit, also had "exclusive authority over the choice of forum and the prayer for relief once a charge has been filed." . Judge Gregory Frizzell of the U.S. District Court for the Northern District of Oklahoma granted the motion for class certification on Jan. 30 for truck drivers who worked in California, as well for an Oklahoma consumer protection class. Plaintiff bears the burden of showing the exceptional circumstances that make transfer inappropriate. If you object to the Settlement, you cannot opt out of the Settlement, and you will be bound by the terms of Settlement in the event the Court denies your objection. at 582. ECF No. Dubuque, Iowa-based Hirschbach Motor Lines announced the acquisition of Sapulpa, Oklahoma-based refrigerated carrier John Christner Trucking. LaCross, 95 F. Supp. ECF No. The trucking company also contended that the state labor laws in Oklahoma, not California, govern the alleged employment relationship between Huddleston and John Christner Trucking. When venue is challenged, the court must determine whether the case falls within one of the three categories set out in the general venue statute, 28 U.S.C. Upon the date the Settlement becomes effective (Effective Date), all Class Participants release claims as follows against Defendant, and their present and former parent companies, subsidiaries, divisions, affiliates, successors, predecessors, related companies, and joint ventures, and each of their present and former officers, directors, shareholders, agents, employees, insurers, attorneys, accountants, auditors, advisors, representatives, consultants, administrators, trustees, general and limited partners, predecessors, successors and assigns (collectively, the Released Parties): In addition, all Class Participants expressly waive, as to the Released Claims stated above and based on or arising out of the same factual predicates of the Complaint, running through June 21, 2022, the provisions, rights, and benefits of California Civil Code 1542, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. This prong may be satisfied by "purposeful availment of the privilege of doing business in the forum; by purposeful direction of activities at the forum; or by some combination thereof." "Public-interest factors may include 'the administrative difficulties flowing from court congestion; the local interest in having localized controversies decided at home; [and] the interest in having the trial of a diversity case in a forum that is at home with the law.'" Sep. 27, 2017). Federal Rule of Civil Procedure 12(b)(2) authorizes motions to dismiss for lack of personal jurisdiction. [21-5025]--[Edited 03/24/2021 by KLP to delete the attachment; entry filed.] 12 ("Reply"). The failure to submit a written objection as a prerequisite to appearing in court to object to the settlement may be excused upon a showing of good cause. At John Christner Trucking, our primary focus is on truckload transportation, with an emphasis on temperature controlled products. Deductions from this amount will be made for attorneys fees and costs for Class Counsel (see Section 10 below), settlement administration costs (estimated to be $79,500.00); a service award in an amount not to exceed $25,000.00 to Plaintiff, Thomas Huddleston, for his service to the Class Members, and $75,000.00 to the California Labor and Workforce Development Agency (LWDA), which is 75% of the $100,000.00 the parties allocated to penalties associated with Plaintiffs claim under the California Private Attorneys General Act (PAGA). 1990), rev'd on other grounds, 499 U.S. 585 (1991); see also Walden, 134 S. Ct. at 1121 ("For a State to exercise jurisdiction consistent with due process, the defendant's suit-related conduct must create a substantial connection with the forum State."). As to plaintiff specifically, Crowley testifies that only three of Huddleston's twenty-five pick-ups or deliveries were in the Eastern District of California. 30-31, Ex. See 28 U.S.C. Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. R. Civ. JCT was started in 1986 by the John Christner. Leaked News! "Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin." Manner of Service: email. Updated May 4, 2022. Attorney Cottrell, Carolyn H. added. The ICOA states that the ICOA itself "shall be interpreted in accordance with, and governed by, the laws of the United States and, of the State of Oklahoma," without applying a choice-of law analysis. The second, known as "specific jurisdiction," exists where the litigation is derived from obligations that "arise out of or are connected with the [company's] activities within the state." This class action case was initiated by Robert Boulter and co-counsel in 2017 on behalf of driver Thomas Huddleston against Oklahoma based trucking giant John Christner Trucking (JCT) and arises out of its lease purchase
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